*634 Ross W. Shumaker and you can Robert Grams. Clayton, from Shumaker, Cycle & Kendrick, Toledo, Kansas, and you will Harry R. Meredith, away from Meredith, Meredith & Tait, Lima, Ohio, having plaintiff.
William S. Burton and you may Joseph An excellent. Rotolo, from Arter, Hadden, Wykoff & Van Duzer, Cleveland, Kansas, and you will Grams. P. Openlander, Toledo, Ohio, getting accused.
Demo by the jury having been waived of the people, and Court that have read the newest testimony away from witnesses, assessed the brand new transcript of research and you will displays, felt the fresh briefs, recommended findings of fact and you may results away from laws recorded by the per of one’s parties, and you may read oral arguments out-of counsel, helps to make the following the *635 results of-fact and you can results out of laws:
1. It’s and you may was in the relevant many years an inventory team, authorized to receive and receiving places on the average man or woman, but is, and has now come due to the fact their incorporation, engaged in the non-public mortgage and finance providers throughout the State out of Kansas, plus in the relevant ages handled and you may manage department practices having carrying on the organization in approximately 150 towns in the county one or more department being located in for every single condition of your own state. (Plaintiff’s Proposed Looking for of fact Zero. step one.)
It’s subscribed under the Quick Financing Work out of Kansas in order to carry on the lead loan business, which can be within https://servicecashadvance.com/payday-loans-ok/okmulgee/ the supervision of Superintendent of building and Loan Contacts, and of this new Section from Bonds of one’s Condition off Ohio
dos. The offender is actually an organization planned within the laws and regulations of your own Uk of good Britain and you can Ireland, featuring its prominent office and you will master place of work on the Us in town regarding Boston, Commonwealth from Massachusetts. It’s signed up to accomplish organization and is doing business in the state of Ohio, and in the fresh new Northern Area thereof, for instance the decorating having compensation off surety and you may indemnity ties from the type herein in it. Into the relevant age it was depicted simply because of the a keen agency at Lima, Ohio, known as the Gooding Business, which have F. Age. Gooding of this firm due to the fact a real estate agent or attorney-in-fact towards the defendant. (Plaintiff’s Advised Shopping for of fact Zero. 2.)
Plaintiff is an agency prepared within the 1912 beneath the rules of the state of Kansas ruling strengthening and mortgage contacts, featuring its principal place of work inside Lima, Kansas
3. On may 8, 1957, the new defendant, by and you can the help of its agent, said F. Elizabeth. Gooding, performed and you will brought to this new plaintiff for the Lima, Kansas, the Primary Commercial Blanket Bond Zero. F 154564, to be active may 15, 1957 (PX step 1). The connection considering indemnity for plaintiff up against any death of currency or any other possessions it, as the insured, should experience and determine because offered regarding thread so you’re able to an enthusiastic count maybe not exceeding on the aggregate $900, as a result of any deceptive or dishonest act or serves committed of the one a minumum of one of your own team of plaintiff, once the laid out on thread, acting alone or perhaps in collusion with people, inside the name of your own thread. (Plaintiff’s Proposed In search of of-fact No. step 3.)
4. Part of the thread in fit (PX step 1) contains a provision lead “Indemnity Up against Losses Significantly less than Past Thread otherwise Coverage” and therefore referred to early in the day ties provided by defendant in order to plaintiff active Will get 15, 1951 (PX 2, 3) which were renewed in-may 1954 to have a supplementary three year months. Those two early in the day securities preceded instantly the bond inside suit from inside the area of time, and you can was basically terminated at the time of age energetic. Both of these early in the day ties indemnified plaintiff contrary to the same style of loss because bond within the match. Superior for those two earlier bonds on its issuance and you will revival, was in fact properly paid off by the plaintiff to help you offender (PX 8, 9 and you will 10). The bond inside the suit, whether or not it was cancelled because of the accused with the Oct step 1, 1958, and area of the superior therefor regarding the quantity of $24, to the months after October step 1, 1958, was basically returned to plaintiff.